The Constitution of the Republic of Kazakhstan

«The important role in maintenance of the constitutional legality is played by the Constitutional Council.

Its activity – a reliable guarantee of conformity of the Kazakhstan legislation to spirit and the letter of the Main law»

N. Nazarbaev

1. 2. 3.

Section V. The Government

Article 64

1. The Government shall implement the executive power of the Republic of Kazakhstan, head the system of executive bodies and exercise supervision of their activity.

2. The Government shall be a collegial body and in its entire activity responsible before the President of the Republic, and in the cases provided by the Constitution, before the Majilis of the Parliament and the Parliament.

3. Members of the Government shall be accountable to the Chambers of Parliament in the case stipulated by paragraph 6 of Article 57 of the Constitution.

4. The jurisdiction, the procedure of organization and activity of the Government shall be determined by constitutional law.

Article 65

1. The Government shall be formed by the President of the Republic of Kazakhstan according to the procedure stipulated by this Constitution.

2. Suggestions about the structure and composition of the Government shall be submitted to the President of the Republic of Kazakhstan by the Prime Minister of the Republic within ten days after his appointment.

3. The members of the Government shall take an oath to the people and President of Kazakhstan.

Article 66

The Government shall:

1) develop the main directions of the socio-economic policy of the state, its defense capability, security, guarantee of public order and organize their realization; 2) present to the Parliament the republican budget and a report about its performance, ensure implementation of the budget;

3) introduce draft of laws into the Majilis and ensure enforcement of laws;

4) organize management of state property;

5) develop measures for the conduct of the foreign policy of the Republic of Kazakhstan;

6) manage the activity of ministries, state committees, other central and local executive bodies;

7) annul or suspend completely or partially, the effect of acts of ministries, state committees, other central and local executive bodies of the Republic;

8) appoint to and release from office heads of central executive bodies not encompassed by the Government;

9) It was excluded according to Law of the Republic of Kazakhstan 07.10.98 № 284-I.

10) perform other functions assigned to it by this Constitution, laws and acts of the President.

Article 67

The Prime Minister of the Republic of Kazakhstan shall: 1) organize and supervise the work of the Government, personally answer for its work;

2) It was excluded according to Law of the Republic of Kazakhstan 21.05.07 № 254-III;

3) sign resolutions of the Government;

4) report the main directions of the Government’s activity and all of its important decisions to the President;

5) perform other functions connected with organization and supervision of the Government’s activity.

Article 68

1. Members of the Government shall be independent in making decisions within their competence and bear personal responsibility before the Prime Minister for the activity of bodies subordinated to them . A member of the Government who does not agree with the policy, pursued by the Government, or who does not pursue it shall resign or subjected to release from his office.

2. Members of the Government shall not have right to be deputies of a representative body, hold other paid offices except teaching, scientific and other creative activities, engage in entrepreneurial activity, enter governing body or a supervisory board of a commercial organization, except for cases when it is their job responsibilities according to the legislation.

Article 69

1. The Government of the Republic of Kazakhstan shall issue resolutions on the items of its jurisdiction having obligatory force on the entire territory of the Republic.

2. The Prime Minister of the Republic shall issue directions having mandatory force on the entire territory of the Republic.

3. Resolutions of the Government and directions of the Prime Minister must not contradict the Constitution, legislative acts, decrees and resolutions of the President of the Republic.

Article 70

1. The Government shall resign its powers to the newly elected President of the Republic of Kazakhstan. Before again selected Majilis of the Parliament the Prime Minister of the Republic have the right to raise an issue of confidence in the Government. In case of expression by Majilis of confidence, the Government shall continue to fulfill the responsibilities, if other is not solved by the President of the Republic.

2. The Government and any of its members shall have the right to submit a resignation to the President of the Republic of Kazakhstan if they consider further performance of the functions assigned to them to be impossible.

3. The Government shall submit its resignation to the President of the Republic of Kazakhstan in the event that Majilis of the Parliament or the Parliament pass a vote of no confidence in the Government.

4. The President of the Republic within a period of ten days shall consider the issue of accepting or declining the resignation.

5. Acceptance of the resignation shall denote the termination of the powers of the Government or a respective member. Acceptance of the resignation of the Prime Minister shall denote the termination of the powers of the entire Government.

6. In the event that the resignation of the Government or its member is declined, the President shall charge the Government or its member with continued performance of their responsibilities.

7. The President of the Republic shall have the right on his own initiative to adopt a decision to terminate the powers of the Government and to release any of its members from their offices. The release of the Prime Minister from office shall denote the termination of the powers of the entire Government.


 

 

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